What are the Legal Requirements for a Will in Wisconsin?

In Wisconsin, the legal requirements for a valid will are governed by Chapter 853 of the Wisconsin Statutes. Below are the key requirements, with the corresponding statutory references:

1. Age and Capacity of the Testator - The testator (person making the will) must be at least 18 years old and of sound mind.

Statute: Any person of sound mind 18 years of age or older may make and revoke a will. Wis. Stat. § 853.01

2. Intent to Create a Will - The testator must have the intent to create a will and dispose of their property upon death.

Statute: A will is valid if it is executed in compliance with s. 853.03 or s. 853.05. Wis. Stat. § 853.03

3. In Writing - The will must be in writing (oral wills, also known as nuncupative wills, are not valid in Wisconsin).

Statute: Every will in order to be valid must be in writing. Wis. Stat. § 853.03(1)

4. Signature of the Testator - The will must be signed by the testator or by someone else at the testator’s direction and in their presence.

Statute: The will must be signed by the testator or in the testator's name by some other person at the testator's direction and in the testator's conscious presence. Wis. Stat. § 853.03(1)

5. Witnesses - The will must be signed in the conscious presence of two witnesses, who must also sign the will within a reasonable time.

Statute: The will must be signed by at least 2 witnesses who signed within a reasonable time after the testator acknowledged the will or signature. Wis. Stat. § 853.03(2)

6. Competency of Witnesses - Witnesses must be competent, meaning they are capable of understanding and attesting to the will. While an interested witness (someone who stands to inherit) is valid, it may raise concerns regarding undue influence.

Statute: Any person competent to testify as a witness in court may act as a witness to a will. Wis. Stat. § 853.07(1)

7. Self-Proving Affidavit (Optional) - A will may be self-proved through a notarized affidavit, making probate easier. This step is optional but recommended.

Statute: A will may be made self-proved by acknowledgment of the testator and affidavits of witnesses before an officer authorized to administer oaths. Wis. Stat. § 853.04

8. Revocation of a Will - A will can be revoked by a subsequent will, a written statement of revocation, or by physical destruction (e.g., tearing, burning) with the intent to revoke.

Statute: A will is revoked by execution of a subsequent will or by the performance of a revocatory act on the will. Wis. Stat. § 853.11(1)

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